Defense admits Gilley lied to police

STOCKTON - An avalanche of false alibis and ballistic evidence plays against Jason Ross Gilley, who is on trial for the 2011 murder of 23-year-old Dalene Carlson, prosecutors say.

Jennie Rodriguez-Moore

STOCKTON - An avalanche of false alibis and ballistic evidence plays against Jason Ross Gilley, who is on trial for the 2011 murder of 23-year-old Dalene Carlson, prosecutors say.

Deputy District Attorney Robert Himelblau has no doubt a jury will convict Gilley in Carlson's slaying based on that evidence.

Gilley is charged with first-degree murder, rape and kidnapping after Carlson's nude remains were discovered in an Escalon cornfield two months after she disappeared, launching a huge search involving law enforcement and dozens of volunteers.

The defense will argue Gilley's compounding falsehoods were stirred out of fear of being pinned for a crime he didn't commit, because, after all, he was the last person seen with Carlson.

The trial, expected to last two to three weeks, began Tuesday with attorneys on both sides summarizing their interpretation of evidence in opening statements.

Carlson - who had just moved to Stockton from Sandpoint, Idaho - was seen with Gilley on security footage buying alcohol at the Food 4 Less store on West Hammer Lane after 1 a.m. on Aug. 7, 2011.

Prior to that, they were seen by eye witnesses leaving Finnegan's Pub and Grill on Pacific Avenue.

Carlson was supposed to return home about 3 a.m., according to her aunt, Margret Baker, but when hours passed without a word from Carlson, family members began to worry. Carlson was reported missing the next day.

"There is no reason for her to be gone, so they start an investigation," Himelblau said, referring to a parallel investigation that looked at the disappearance as a missing person case as well as a possible homicide.

Carlson had come to Stockton to look for a job and to enroll in school. She met friends through her cousin and roommate, Cisilee Baker, and the two often frequented Finnegan's for night outings.

Carlson went to the bar on her own that night, hitching a ride from a friend, according to relatives. That was the last time they saw her.

Her badly decomposed body was discovered Oct. 15 in an Escalon cornfield by a farmer. Medical examiner reports indicate she was nude and had been shot five times - once in the head - while lying on the ground.

Her bra was found about 15 feet from her body. Investigators also recovered the pants she wore on her last outing, but how and where they recovered them has not been revealed.

Gilley initially told investigators he saw Carlson only at the bar and departed alone after he received a text message from his grandmother saying his son was sick, Himelblau said in his opening statement.

In a second interview, Stockton police confronted Gilley with footage from the grocery store video, Himelblau said.

Gilley changed his story, admitting to taking Carlson to the store, but he said he then drove her back to the bar.

Pressed by detectives, Gilley changed his story yet again, saying the two went to his home, drank alcohol and had consensual sex.

Gilley said he dropped off Carlson, who by then had sobered up and was upset they had sex, in Modesto near the downtown exit.

Deputy Public Defender Michael Bullard admitted "Jason Gilley lied."

But Bullard said Gilley did not rape, kidnap or kill Carlson. Initially he was trying to cover up for Carlson, who went to his home to meet his cousin Jason Cosens - once a person of interest - because they had interest in each other, Bullard said. Cosens lived with Gilley.

Carlson's boyfriend or ex-boyfriend Jacob Evangelisi was at the same bar that evening. Bullard described Evangelisi as having a controlling streak and said he was keeping a very close watch on Carlson.

"A jealous eye," Bullard said, adding that the couple had hit a rough spot. Carlson, he said, had started a relationship with Cosens days before the murder.

But on the morning when Carlson went to Gilley's home, Bullard said, Cosens did not show up. Instead, Bullard said Gilley and Carlson had sex.

Gilley continued lying because he knew his cousin also would be upset about the encounter, Bullard said, and had driven an upset Carlson onto southbound Highway 99 to stop her from trying to jump out of his moving vehicle.

When he exited in Modesto, Carlson got out of the car, according to Gilley. He tried looking for her but ultimately gave up.

"He felt horrible about his decision," Bullard said. "He hoped that she would be OK."

As days passed, "the more scared and worried he became," Bullard said. Gilley did not want to be blamed, so he lied.

Gilley's explanation is too far-fetched for prosecutors.

Himelblau says all evidence points to Gilley.

Store surveillance of Gilley also surfaced at a gas station, where Gilley stopped on the way back to Stockton that Sunday morning, Himelblau said.

Shell casings found near Carlson's body match those shot from Gilley's heirloom gun, a firearm he used after Carlson was reported missing to go hunting with his father. Detectives collected those shells, too.

"Moreover, that was the gun used to murder Dalene Carlson," Himelblau said.

Carlson's relatives, who testified Tuesday, said Gilley lied to them, as well.

Cisilee Baker, the cousin Carlson shared a room with, said she asked Gilley in a Facebook message if he knew where Carlson was.

"He said no one comes home with him besides his brother James," Baker said.